Kansas DUI Statute

The Kansas DUI Statute is K.S.A. 8-1567. On July 1, 2011, the legislature overhauled the DUI statutes.

Driving Under the Influence K.S.A. 8-1567 (July 1, 2011)
(a) Driving under the influence is operating or attempting to operate any vehicle
within this state while:
(1) The alcohol concentration in the person’s blood or breath as shown by any
competent evidence, including other competent evidence, as defined in
paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is
.08 or more;
(2) the alcohol concentration in the person’s blood or breath, as measured within
three hours of the time of operating or attempting to operate a vehicle, is .08 or
more;
(3) under the influence of alcohol to a degree that renders the person incapable
of safely driving a vehicle;
(4) under the influence of any drug or combination of drugs to a degree that
renders the person incapable of safely driving a vehicle;
(5) under the influence of a combination of alcohol and any drug or drugs to a
degree that renders the person incapable of safely driving a vehicle.; or
(6) The person is a habitual user of any narcotic, hypnotic, somnifacient or
stimulating drug.
(b) (1) Driving under the influence is:
(A) On a first conviction a class B, nonperson misdemeanor. The person
convicted shall be sentenced to not less than 48 consecutive hours nor more than
six months’ imprisonment, or in the court’s discretion 100 hours of public service,
and fined not less than $750 nor more than $1,000. The person convicted shall
serve at least 48 consecutive hours’ imprisonment or 100 hours of public service
either before or as a condition of any grant of probation or suspension, reduction
of sentence or parole. The court may place the person convicted under a house
arrest program pursuant to section 249 of chapter 136 of the 2010 Session Laws
of Kansas, and amendments thereto, to serve the remainder of the minimum
sentence only after such person has served 48 consecutive hours’ imprisonment;
(B) on a second conviction a class A, nonperson misdemeanor. The person
convicted shall be sentenced to not less than 90 days nor more than one year’s
imprisonment and fined not less than $1,250 nor more than $1,750. The person
convicted shall serve at least five consecutive days’ imprisonment before the
person is granted probation, suspension or reduction of sentence or parole or is
otherwise released. The five days’ imprisonment mandated by this subsection
may be served in a work release program only after such person has served
48 consecutive hours’ imprisonment, provided such work release program
requires such person to return to confinement at the end of each day in the work
release program. The person convicted, if placed into a work release program,
shall serve a minimum of 120 hours of confinement. Such 120 hours of
confinement shall be a period of at least 48 consecutive hours of imprisonment
followed by confinement hours at the end of and continuing to the beginning of
the offender’s work day. The court may place the person convicted under a house
arrest program pursuant to section 249 of chapter 136 of the 2010 Session Laws
of Kansas, and amendments thereto, to serve the remainder of the minimum
sentence only after such person has served 48 consecutive hours’ imprisonment.
The person convicted, if placed under house arrest, shall be monitored by an
electronic monitoring device, which verifies the offender’s location. The offender
shall serve a minimum of 120 hours of confinement within the boundaries of the
offender’s residence. Any exceptions to remaining within the boundaries of the
offender’s residence provided for in the house arrest agreement shall not be
counted as part of the 120 hours;
(C) on a third conviction a class A, nonperson misdemeanor, except as provided
in subsection (b)(1)(D). The person convicted shall be sentenced to not less than
90 days nor more than one year’s imprisonment and fined not less than $1,750
nor more than $2,500. The person convicted shall not be eligible for release on
probation, suspension or reduction of sentence or parole until the person has
served at least 90 days’ imprisonment. The 90 days’ imprisonment mandated by
this subsection may be served in a work release program only after such person
has served 48 consecutive hours’ imprisonment, provided such work release
program re- quires such person to return to confinement at the end of each day
in the work release program. The person convicted, if placed into a work release
program, shall serve a minimum of 240 hours of confinement. Such 240 hours of
confinement shall be a period of at least 48 consecutive hours of imprisonment
followed by confinement hours at the end of and continuing to the beginning of
the offender’s work day. The court may place the person convicted under a house
arrest program pursuant to section 249 of chapter 136 of the 2010 Session Laws
of Kansas, and amendments thereto, to serve the remainder of the minimum
sentence only after such person has served 48 consecutive hours’ imprisonment.
The person convicted, if placed under house arrest, shall be monitored by an
electronic monitoring device, which verifies the offender’s location. The offender
shall serve a minimum of 240 hours of confinement within the boundaries of the
offender’s residence. Any exceptions to remaining within the boundaries of the
offender’s residence provided for in the house arrest agreement shall not be
counted as part of the 240 hours;
(D) on a third conviction a nonperson felony if the person has a prior conviction
which occurred within the preceding 10 years, not including any period of
incarceration. The person convicted shall be sentenced to not less than 90 days
nor more than one year’s imprisonment and fined not less than $1,750 nor more
than $2,500. The person convicted shall not be eligible for release on probation,
suspension or reduction of sentence or parole until the person has served at least
90 days’ imprisonment. The 90 days’ imprisonment mandated by this subsection
may be served in a work release program only after such person has served 48
consecutive hours’ imprisonment, provided such work release program requires
such person to return to confinement at the end of each day in the work release
program. The person convicted, if placed into a work release program, shall serve
a minimum of 240 hours of confinement. Such 240 hours of confinement shall be
a period of at least 48 consecutive hours of imprisonment followed by
confinement hours at the end of and continuing to the beginning of the offender’s
work day. The court may place the person convicted under a house arrest
program pursuant to section 249 of chapter 136 of the 2010 Session Laws of
Kansas, and amendments thereto, to serve the remainder of the minimum
sentence only after such person has served 48 consecutive hours’ imprisonment.
The person convicted, if placed under house arrest, shall be monitored by an
electronic monitoring device, which verifies the offender’s location. The offender
shall serve a minimum of 240 hours of confinement within the boundaries of the
offender’s residence. Any exceptions to remaining within the boundaries of the
offender’s residence provided for in the house arrest agreement shall not be
counted as part of the 240 hours; and
(E) On a fourth or subsequent conviction a nonperson felony. The person
convicted shall be sentenced to not less than 90 days nor more than one year’s
imprisonment and fined $2,500. The person convicted shall not be eligible for
release on probation, suspension or reduction of sentence or parole until the
person has served at least 90 days’ imprisonment. The 90 days’ imprisonment
mandated by this paragraph may be served in a work release program only after
such person has served 72 consecutive hours’ imprisonment, provided such work
release program requires such person to return to confinement at the end of each
day in the work release program. The person convicted, if placed into a work
release program, shall serve a minimum of 240 hours of confinement. Such 240
hours of confinement shall be a period of at least 72 consecutive hours of
imprisonment followed by confinement hours at the end of and continuing to the
beginning of the offender’s work day. The court may place the person convicted
under a house arrest program pursuant to section 249 of chapter 136 of the 2010
Session Laws of Kansas, and amendments thereto, to serve the remainder of the
minimum sentence only after such person has served 72 consecutive hours’
imprisonment. The person convicted, if placed under house arrest, shall be
monitored by an electronic monitoring device, which verifies the offender’s
location. The offender shall serve a minimum of 240 hours of confinement within
the boundaries of the offender’s residence. Any exceptions to remaining
within the boundaries of the offender’s residence provided for in the house arrest
agreement shall not be counted as part of the 240 hours.
(2) The court may order that the term of imprisonment imposed pur- suant to
subsection (b)(1)(D) or (b)(1)(E) be served in a state facility in the custody of
the secretary of corrections in a facility designated by the secretary for the
provision of substance abuse treatment pursuant to the provisions of section 285
of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto.
The person shall remain imprisoned at the state facility only while participating in
the substance abuse treatment program designated by the secretary and shall be
returned to the custody of the sheriff for execution of the balance of the term of
imprisonment upon completion of or the person’s discharge from the substance
abuse treatment program. Custody of the person shall be returned to the sheriff
for execution of the sentence imposed in the event the secretary of corrections
determines: (A) That substance abuse treatment resources or the capacity of the
facility designated by the secretary for the incarceration and treatment of the
person is not available; (B) the person fails to meaningfully participate in the
treatment program of the designated facility; (C) the person is disruptive to the
security or operation of the designated facility; or (D) the medical or mental
health condition of the person renders the person unsuitable for confinement at
the designated facility. The determination by the secretary that the person either
is not to be admitted into the designated facility or is to be transferred from the
designated facility is not subject to review. The sheriff shall be responsible for all
transportation expenses to and from the state correctional facility.
(3) In addition, for any conviction pursuant to subsection (b)(1)(C), (b)(1)(D) or
(b)(1)(E), at the time of the filing of the judgment form or journal entry as
required by K.S.A. 22-3426 or section 280 of chapter 136 of the 2010 Session
Laws of Kansas, and amendments thereto, the court shall cause a certified copy
to be sent to the officer having the offender in charge. The court shall determine
whether the offender, upon release from imprisonment, shall be supervised by
community correctional services or court services based upon the risk and needs
of the offender. The risk and needs of the offender shall be determined by use of
a risk assessment tool specified by the Kansas sentencing commission. The law
enforcement agency maintaining custody and control of a defendant for
imprisonment shall cause a certified copy of the judgment form or journal entry
to be sent to the supervision office designated by the court and upon expiration
of the term of imprisonment shall deliver the defendant to a location designated
by the supervision office designated by the court. After the term of imprisonment
imposed by the court, the person shall be placed on supervision to community
correctional services or court services, as determined by the court, for a
mandatory one-year period of supervision, which such period of supervision shall
not be reduced. During such supervision, the person shall be required to
participate in a multidisciplinary model of services for substance use
disorders facilitated by a department of social and rehabilitation services
designated care coordination agency to include assessment and, if appropriate,
referral to a community based substance use disorder treatment including
recovery management and mental health counseling as needed. The
multidisciplinary team shall include the designated care coordination agency, the
supervision officer, the social and rehabilitation services department designated
treatment provider and the offender. Any violation of the conditions of such
supervision may subject such person to revocation of supervision and
imprisonment in jail for the remainder of the period of imprisonment, the
remainder of the supervision period, or any combination or portion thereof.
(4) In addition, prior to sentencing for any conviction, the court shall order the
person to participate in an alcohol and drug evaluation conducted by a provider in
accordance with K.S.A. 8-1008, and amendments thereto. The person shall be
required to follow any recommendation made by the provider after such
evaluation, unless otherwise ordered by the court.
(c) Any person convicted of violating this section or an ordinance which prohibits
the acts that this section prohibits who had one or more children under the age of
14 years in the vehicle at the time of the offense shall have such person’s
punishment enhanced by one month of imprisonment. This imprisonment must
be served consecutively to any other minimum mandatory penalty imposed for a
violation of this section or an ordinance which prohibits the acts that this section
prohibits. Any enhanced penalty imposed shall not exceed the maximum
sentence allowable by law. During the service of the enhanced penalty, the judge
may order the person on house arrest, work release or other conditional release.
(d) If a person is charged with a violation of this section involving drugs, the fact
that the person is or has been entitled to use the drug under the laws of this
state shall not constitute a defense against the charge.
(e) The court may establish the terms and time for payment of any fines, fees,
assessments and costs imposed pursuant to this section. Any assessment and
costs shall be required to be paid not later than 90 days after imposed, and any
remainder of the fine shall be paid prior to the final release of the defendant by
the court.
(f) In lieu of payment of a fine imposed pursuant to this section, the court may
order that the person perform community service specified by the court. The
person shall receive a credit on the fine imposed in an amount equal to $5 for
each full hour spent by the person in the specified community service. The
community service ordered by the court shall be required to be performed not
later than one year after the fine is imposed or by an earlier date specified by the
court. If by the required date the person performs an insufficient amount of
community service to reduce to zero the portion of the fine required to be paid by
the person, the remaining balance of the fine shall become due on that date.
(g) (1) Except as provided in paragraph (5), in addition to any other penalty
which may be imposed upon a first conviction of a violation of this section, the
court may order that the convicted person’s motor vehicle or vehicles be
impounded or immobilized for a period not to exceed one year and that the
convicted person pay all towing, impoundment and storage fees or other
immobilization costs.
(2) The court shall not order the impoundment or immobilization of a motor
vehicle driven by a person convicted of a violation of this section if the motor
vehicle had been stolen or converted at the time it was driven in violation of this
section.
(3) Prior to ordering the impoundment or immobilization of a motor vehicle or
vehicles owned by a person convicted of a violation of this section, the court shall
consider, but not be limited to, the following:
(A) Whether the impoundment or immobilization of the motor vehicle would
result in the loss of employment by the convicted person or a member of such
person’s family; and
(B) whether the ability of the convicted person or a member of such person’s
family to attend school or obtain medical care would be impaired
(4) Any personal property in a vehicle impounded or immobilized pursuant to this
subsection may be retrieved prior to or during the period of such impoundment
or immobilization.
(5) As used in this subsection, the convicted person’s motor vehicle or vehicles
shall include any vehicle leased by such person. If the lease on the convicted
person’s motor vehicle subject to impoundment or immobilization expires in less
than one year from the date of the impoundment or immobilization, the time of
impoundment or immobilization of such vehicle shall be the amount of time
remaining on the lease.
(h) Prior to filing a complaint alleging a violation of this section, a prosecutor
shall request and shall receive from the: (1) Division a record of all prior
convictions obtained against such person for any violations of any of the motor
vehicle laws of this state and (2) Kansas bureau of investigation central
repository all criminal history record information concerning such person.
(i) The court shall electronically report every conviction of a violation of this
section and every diversion agreement entered into in lieu of further criminal
proceedings on a complaint alleging a violation of this section to the division.
Prior to sentencing under the provisions of this section, the court shall request
and shall receive from the division a record of all prior convictions obtained
against such person for any violations of any of the motor vehicle laws of this
state.
(j) For the purpose of determining whether a conviction is a first, second, third,
fourth or subsequent conviction in sentencing under this section:
(1) ‘‘Conviction’’ includes being convicted of a violation of this section or entering
into a diversion agreement in lieu of further criminal proceedings on a complaint
alleging a violation of this section;
(2) ‘‘conviction’’ includes being convicted of a violation of a law of another state
or an ordinance of any city, or resolution of any county, which prohibits the acts
that this section prohibits or entering into a diversion agreement in lieu of further
criminal proceedings in a case alleging a violation of such law, ordinance or
resolution;
(3) only convictions occurring on or after July 1, 2001, shall be taken into
account when determining the sentence to be imposed for a first, second, third,
fourth or subsequent offender;
(4) it is irrelevant whether an offense occurred before or after conviction for a
previous offense; and
(5) a person may enter into a diversion agreement in lieu of further criminal
proceedings for a violation of this section, and amendments thereto, or an
ordinance which prohibits the acts of this section, and amendments thereto, only
once during the person’s lifetime.
(k) Upon conviction of a person of a violation of this section or a violation of a
city ordinance or county resolution prohibiting the acts prohibited by this section,
the division, upon receiving a report of conviction, shall suspend, restrict or
suspend and restrict the person’s driving privileges as provided by K.S.A. 8-1014,
and amendments thereto.
(l) (1) Nothing contained in this section shall be construed as preventing any city
from enacting ordinances, or any county from adopting resolutions, declaring acts
prohibited or made unlawful by this act as unlawful or prohibited in such city or
county and prescribing penalties for violation thereof.
(2) The minimum penalty prescribed by any such ordinance or resolution shall
not be less than the minimum penalty prescribed by this section for the same
violation, and the maximum penalty in any such ordinance or resolution shall not
exceed the maximum penalty prescribed for the same violation.
(3) On and after July 1, 2007, and retroactive for ordinance violations committed
on or after July 1, 2006, an ordinance may grant to a municipal court jurisdiction
over a violation of such ordinance which is concurrent with the jurisdiction of the
district court over a violation of this section, notwithstanding that the elements of
such ordinance violation are the same as the elements of a violation of this
section that would constitute, and be punished as, a felony.
(4) Any such ordinance or resolution shall authorize the court to order that the
convicted person pay restitution to any victim who suffered loss due to the
violation for which the person was convicted.
(5) Any such ordinance or resolution may require or authorize the court to order
that the convicted person’s motor vehicle or vehicles be impounded or
immobilized in accordance with subsection (g).
(m) (1) Upon the filing of a complaint, citation or notice to appear alleging a
person has violated a city ordinance prohibiting the acts prohibited by this
section, and prior to conviction thereof, a city attorney shall request and shall
receive from the: (A) Division a record of all prior convictions obtained against
such person for any violations of any of the motor vehicle laws of this state; and
(B) Kansas bureau of investigation central repository all criminal history record
information concerning such person. (2) If the elements of such ordinance
violation are the same as the elements of a violation of this section that would
constitute, and be punished as, a felony, the city attorney shall refer the violation
to the appropriate county or district attorney for prosecution.
(n) No plea bargaining agreement shall be entered into nor shall any judge
approve a plea bargaining agreement entered into for the purpose of permitting a
person charged with a violation of this section, or a violation of any ordinance of
a city or resolution of any county in this state which prohibits the acts prohibited
by this section, to avoid the mandatory penalties established by this section or by
the ordinance. For the purpose of this subsection, entering into a diversion
agreement pursuant to K.S.A. 12-4413 et seq. or 22-2906 et seq., and
amendments thereto, shall not constitute plea bargaining.
(o) The alternatives set out in subsections (a)(1), (a)(2) and (a)(3) may be
pleaded in the alternative, and the state, city or county, but shall not be required
to, may elect one or two of the three prior to submission of the case to the fact
finder.
(p) Upon a fourth or subsequent conviction, the judge of any court in which any
person is convicted of violating this section, may revoke the person’s license
plate or temporary registration certificate of the motor vehicle driven during the
violation of this section for a period of one year. Upon revoking any license plate
or temporary registration certificate pursuant to this subsection, the court shall
require that such license plate or temporary registration certificate be
surrendered to the court.
(q) As used in this section: (1) ‘‘Alcohol concentration’’ means the number of
grams of alcohol per 100 milliliters of blood or per 210 liters of breath.;
(2) ‘‘imprisonment’’ shall include any restrained environment in which the court
and law enforcement agency intend to retain custody and control of a defendant
and such environment has been approved by the board of county commissioners
or the governing body of a city.; and
(3) ‘‘drug’’ includes toxic vapors as such term is defined in K.S.A. 2010 Supp. 21-
36a12, and amendments thereto.
(r) (1) The amount of the increase in fines as specified in this section shall be
remitted by the clerk of the district court to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
remittance of the increase provided in this act, the state treasurer shall deposit
the entire amount in the state treasury and the state treasurer shall credit 50%
to the community alcoholism and intoxication programs fund and 50% to the
department of corrections alcohol and drug abuse treatment fund, which is
hereby created in the state treasury.
(2) On and after July 1, 2011, the amount of $250 from each fine imposed
pursuant to this section shall be remitted by the clerk of the district court to the
state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of such remittance, the state treasurer shall
credit the entire amount to the community corrections supervision fund
established by section 3, and amendments thereto.

For additional Kansas DUI Provisions and Statutes, click here.

Kansas DUI Defense Lawyer

According to the law driving with a Blood Alcohol Concentration (BAC) of 0.08 or higher is a serious offense. A prosecutor has a responsibility to do everything legally possible to obtain a conviction. Understanding the Kansas law can be very important to helping your Kansas DUI attorney prepare an effective defense in your case.

DUI Attorney in Kansas

According to Kansas law conviction of a DUI offense can result in penalties which include fines, jail time, community service, probation, alcohol and drug education, alcohol and drug counseling, impoundment and immobilization of your vehicle, and more. Suspension of driving privileges accompanies such a conviction. Convictions which occur in other cities, counties or states for DUI will be considered by the court as prior convictions. Being represented by an aggressive DUI lawyer with the expertise that only comes with defending DUI cases for many years can make the difference between being convicted and keeping a DUI charge off your record.

Having a driver's license and the freedom to use a vehicle is very important in Kansas. It can mean the difference between being able to properly take care of your responsibilities to your family or not. Talk to a reputable DUI lawyer by calling Martin & Wallentine for help with your case.

Contact a Kansas Drunk Driving Defense attorney at the firm who can help you understand the charges against you and possible defenses. We practice extensively and have represented hundreds of clients throughout Johnson County and cities including Olathe, Gardner, Lenexa, Overland Park, Shawnee, Leawood and Kansas City.